Legal Opinion

Rivera v. Selsky

Appellate Division of the Supreme Court of the State of New York

Decided September 13, 2007PublishedCited by 9 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was found guilty at the conclusion of a tier III disciplinary hearing of extortion and making threats. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the determination.

We confirm. The determination of guilt is supported by substantial evidence in the…

2Cases cited5 opinions

  1. In the Matter of Westchester v. Board of Trustees of State University of New YorkNew York Court of Appeals · 2007
  2. Fontaine v. Superintendent of Southport Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2006
  3. Ramirez v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
  4. Mendez v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Krivoi v. SelskyAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by9 opinions

  1. Barca v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Garner v. SelskyAppellate Division of the Supreme Court of the State of New York · 2008
  3. Hernandez v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Diaz v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Vidal-Ortiz v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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